102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3058

 

Introduced 2/19/2021, by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/1-103  from Ch. 68, par. 1-103
775 ILCS 5/7-101  from Ch. 68, par. 7-101
775 ILCS 5/7-114 new

    Amends the Illinois Human Rights Act. Provides that a formerly convicted person may petition the Department of Human Rights for a grant of protected class status. Provides that the Department may grant protected class status to a formerly convicted person who meets the following conditions: the person has complied with each term and condition of his or her parole, mandatory supervised release, probation, or conditional discharge; the person has obtained a high school diploma or received a high school equivalency certificate; the person is employed or actively seeking employment or is enrolled in or has successfully completed a vocational training or college educational program; the person has not been convicted of a felony or misdemeanor within the last 5 years; and the person has completed all sanctions imposed upon him or her through due process of law. Provides that the Department shall adopt rules concerning what constitutes an intellectual or developmental disability that prevents the formerly convicted person from meeting some of the conditions and who is qualified to diagnose such a person. Provides that the Department shall adopt rules to carry out the provisions. Provides that protected class status previously granted to a formerly convicted person shall be revoked by the Department after notice and a hearing, if the formerly convicted person is subsequently convicted of a felony or misdemeanor. Provides that the revocation process shall be initiated by a petition that sets forth the date of the subsequent offense, description of the offense, date of conviction for the subsequent offense, and sentence imposed on the conviction. Provides that a copy of the petition and notice of the hearing date shall be served on the formerly convicted person.


LRB102 15098 LNS 20453 b

 

 

A BILL FOR

 

HB3058LRB102 15098 LNS 20453 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-103 and 7-101 and by adding Section 7-114
6as follows:
 
7    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
8    Sec. 1-103. General definitions. When used in this Act,
9unless the context requires otherwise, the term:
10    (A) Age. "Age" means the chronological age of a person who
11is at least 40 years old, except with regard to any practice
12described in Section 2-102, insofar as that practice concerns
13training or apprenticeship programs. In the case of training
14or apprenticeship programs, for the purposes of Section 2-102,
15"age" means the chronological age of a person who is 18 but not
16yet 40 years old.
17    (B) Aggrieved party. "Aggrieved party" means a person who
18is alleged or proved to have been injured by a civil rights
19violation or believes he or she will be injured by a civil
20rights violation under Article 3 that is about to occur.
21    (B-5) Arrest record. "Arrest record" means:
22        (1) an arrest not leading to a conviction;
23        (2) a juvenile record; or

 

 

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1        (3) criminal history record information ordered
2    expunged, sealed, or impounded under Section 5.2 of the
3    Criminal Identification Act.
4    (C) Charge. "Charge" means an allegation filed with the
5Department by an aggrieved party or initiated by the
6Department under its authority.
7    (D) Civil rights violation. "Civil rights violation"
8includes and shall be limited to only those specific acts set
9forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
103-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
116-101, and 6-102 of this Act.
12    (E) Commission. "Commission" means the Human Rights
13Commission created by this Act.
14    (F) Complaint. "Complaint" means the formal pleading filed
15by the Department with the Commission following an
16investigation and finding of substantial evidence of a civil
17rights violation.
18    (G) Complainant. "Complainant" means a person including
19the Department who files a charge of civil rights violation
20with the Department or the Commission.
21    (H) Department. "Department" means the Department of Human
22Rights created by this Act.
23    (I) Disability. "Disability" means a determinable physical
24or mental characteristic of a person, including, but not
25limited to, a determinable physical characteristic which
26necessitates the person's use of a guide, hearing or support

 

 

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1dog, the history of such characteristic, or the perception of
2such characteristic by the person complained against, which
3may result from disease, injury, congenital condition of birth
4or functional disorder and which characteristic:
5        (1) For purposes of Article 2, is unrelated to the
6    person's ability to perform the duties of a particular job
7    or position and, pursuant to Section 2-104 of this Act, a
8    person's illegal use of drugs or alcohol is not a
9    disability;
10        (2) For purposes of Article 3, is unrelated to the
11    person's ability to acquire, rent, or maintain a housing
12    accommodation;
13        (3) For purposes of Article 4, is unrelated to a
14    person's ability to repay;
15        (4) For purposes of Article 5, is unrelated to a
16    person's ability to utilize and benefit from a place of
17    public accommodation;
18        (5) For purposes of Article 5, also includes any
19    mental, psychological, or developmental disability,
20    including autism spectrum disorders.
21    (I-5) Formerly Convicted Person. "Formerly convicted
22person" means a person: (1) who has been convicted of a felony
23or misdemeanor under the laws of this State, an ordinance of a
24unit of local government of this State, another state,
25territory, or possession of the United States, federal law, or
26the laws of another country that guarantees due process rights

 

 

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1similar to those of the United States; and (2) who has
2completed his or her parole or mandatory supervised release
3term or term of probation or conditional discharge.
4    (J) Marital status. "Marital status" means the legal
5status of being married, single, separated, divorced, or
6widowed.
7    (J-1) Military status. "Military status" means a person's
8status on active duty in or status as a veteran of the armed
9forces of the United States, status as a current member or
10veteran of any reserve component of the armed forces of the
11United States, including the United States Army Reserve,
12United States Marine Corps Reserve, United States Navy
13Reserve, United States Air Force Reserve, and United States
14Coast Guard Reserve, or status as a current member or veteran
15of the Illinois Army National Guard or Illinois Air National
16Guard.
17    (K) National origin. "National origin" means the place in
18which a person or one of his or her ancestors was born.
19    (K-5) "Order of protection status" means a person's status
20as being a person protected under an order of protection
21issued pursuant to the Illinois Domestic Violence Act of 1986,
22Article 112A of the Code of Criminal Procedure of 1963, the
23Stalking No Contact Order Act, or the Civil No Contact Order
24Act, or an order of protection issued by a court of another
25state.
26    (L) Person. "Person" includes one or more individuals,

 

 

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1partnerships, associations or organizations, labor
2organizations, labor unions, joint apprenticeship committees,
3or union labor associations, corporations, the State of
4Illinois and its instrumentalities, political subdivisions,
5units of local government, legal representatives, trustees in
6bankruptcy or receivers.
7    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
8or medical or common conditions related to pregnancy or
9childbirth.
10    (M) Public contract. "Public contract" includes every
11contract to which the State, any of its political
12subdivisions, or any municipal corporation is a party.
13    (N) Religion. "Religion" includes all aspects of religious
14observance and practice, as well as belief, except that with
15respect to employers, for the purposes of Article 2,
16"religion" has the meaning ascribed to it in paragraph (F) of
17Section 2-101.
18    (O) Sex. "Sex" means the status of being male or female.
19    (O-1) Sexual orientation. "Sexual orientation" means
20actual or perceived heterosexuality, homosexuality,
21bisexuality, or gender-related identity, whether or not
22traditionally associated with the person's designated sex at
23birth. "Sexual orientation" does not include a physical or
24sexual attraction to a minor by an adult.
25    (P) Unfavorable military discharge. "Unfavorable military
26discharge" includes discharges from the Armed Forces of the

 

 

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1United States, their Reserve components, or any National Guard
2or Naval Militia which are classified as RE-3 or the
3equivalent thereof, but does not include those characterized
4as RE-4 or "Dishonorable".
5    (Q) Unlawful discrimination. "Unlawful discrimination"
6means discrimination against a person because of his or her:
7(1) actual or perceived: race, color, religion, national
8origin, ancestry, age, sex, marital status, order of
9protection status, disability, military status, sexual
10orientation, pregnancy, or unfavorable discharge from military
11service as those terms are defined in this Section; or (2)
12status as a formerly convicted person if the person has been
13granted protective class status by the Department as provided
14in Section 7-114.
15(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
16101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
 
17    (775 ILCS 5/7-101)  (from Ch. 68, par. 7-101)
18    Sec. 7-101. Powers and Duties. In addition to other powers
19and duties prescribed in this Act, the Department shall have
20the following powers:
21    (A) Rules and Regulations. To adopt, promulgate, amend,
22and rescind rules and regulations not inconsistent with the
23provisions of this Act pursuant to the Illinois Administrative
24Procedure Act.
25    (B) Charges. To issue, receive, investigate, conciliate,

 

 

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1settle, and dismiss charges filed in conformity with this Act.
2    (C) Compulsory Process. To request subpoenas as it deems
3necessary for its investigations.
4    (D) Complaints. To file complaints with the Commission in
5conformity with this Act.
6    (E) Judicial Enforcement. To seek temporary relief and to
7enforce orders of the Commission in conformity with this Act.
8    (F) Equal Employment Opportunities. To take such action as
9may be authorized to provide for equal employment
10opportunities and affirmative action.
11    (G) Recruitment; Research; Public Communication; Advisory
12Councils. To engage in such recruitment, research and public
13communication and create such advisory councils as may be
14authorized to effectuate the purposes of this Act.
15    (H) Coordination with other Agencies. To coordinate its
16activities with federal, state, and local agencies in
17conformity with this Act.
18    (I) Public Grants; Private Gifts. To accept public grants
19and private gifts as may be authorized.
20    (J) Education and Training. To implement a formal and
21unbiased program of education and training for all employees
22assigned to investigate and conciliate charges under Articles
237A and 7B. The training program shall include the following:
24        (1) substantive and procedural aspects of the
25    investigation and conciliation positions;
26        (2) current issues in human rights law and practice;

 

 

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1        (3) lectures by specialists in substantive areas
2    related to human rights matters;
3        (4) orientation to each operational unit of the
4    Department and Commission;
5        (5) observation of experienced Department
6    investigators and attorneys conducting conciliation
7    conferences, combined with the opportunity to discuss
8    evidence presented and rulings made;
9        (6) the use of hypothetical cases requiring the
10    Department investigator and conciliation conference
11    attorney to issue judgments as a means to evaluating
12    knowledge and writing ability;
13        (7) writing skills;
14        (8) computer skills, including but not limited to word
15    processing and document management.
16    A formal, unbiased and ongoing professional development
17program including, but not limited to, the above-noted areas
18shall be implemented to keep Department investigators and
19attorneys informed of recent developments and issues and to
20assist them in maintaining and enhancing their professional
21competence.
22    (K) Protected Class Status. To grant protective class
23status to formerly convicted persons as provided in Section
247-114.
25(Source: P.A. 99-74, eff. 7-20-15.)
 

 

 

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1    (775 ILCS 5/7-114 new)
2    Sec. 7-114. Protected class status for formerly convicted
3persons.
4    (A) A formerly convicted person may petition the
5Department for a grant of protected class status as provided
6in this Section. The Department may grant protected class
7status to a formerly convicted person who meets the following
8conditions:
9        (1) the person has complied with each term and
10    condition of his or her parole, mandatory supervised
11    release, probation, or conditional discharge;
12        (2) if the person has not obtained a high school
13    diploma or received a high school equivalency certificate
14    and has not been diagnosed as a person having an
15    intellectual or developmental disability that prevents him
16    or her from successfully passing the high school
17    equivalency test, the person must have passed the high
18    school equivalency test and been issued a high school
19    equivalency certificate under Section 3-15.12 of the
20    School Code;
21        (3) the person must:
22            (a) be employed or actively seeking employment
23        unless the person has been diagnosed as a person
24        having an intellectual or developmental disability
25        that prevents him or her from being employed; or
26            (b) be enrolled in or have successfully completed

 

 

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1        a vocational training or college educational program
2        unless the person has been diagnosed as a person
3        having an intellectual or developmental disability
4        that prevents him or her from successfully completing
5        a vocational or college educational program;
6        (4) the person must, for a minimum of 5 years after
7    completion of his or her parole, mandatory supervised
8    release, probation, or conditional discharge, not have
9    been convicted of a felony or misdemeanor under the laws
10    of this State or a municipal or county ordinance of a
11    county or municipality of this State, another state,
12    territory, or possession of the United States, federal
13    law, or the laws of another country that guarantees due
14    process rights similar to those of the United States; and
15        (5) must have completed all sanctions imposed upon him
16    or her through due process of law for his or her
17    conviction.
18    (B) The Department shall determine by rule: (1) what
19constitutes having an intellectual or developmental disability
20that prevents the formerly convicted person from meeting the
21requirements of paragraphs (2) and (3) of subsection (A) of
22this Section; and (2) who is qualified to diagnose such a
23person.
24    (C) The Department shall adopt rules, subject to the
25Illinois Administrative Procedure Act, to carry out the
26provisions of this Section.

 

 

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1    (D) Protected class status previously granted to a
2formerly convicted person under this Section shall be revoked
3by the Department after notice and a hearing, if the formerly
4convicted person is subsequently convicted of a felony or
5misdemeanor, other than a minor traffic offense, under the
6laws of this State, another state, territory, or possession of
7the United States, federal law, or the laws of another country
8that guarantees due process rights similar to those of the
9United States. The revocation process shall be initiated by a
10petition filed by a State's Attorney, the Attorney General,
11other prosecutor, or the Department, that sets forth the date
12of the subsequent offense, description of the offense, date of
13conviction for the subsequent offense, and sentence imposed
14for the conviction. A copy of the petition and notice of the
15hearing date on the petition shall be served on the formerly
16convicted person.